General Terms and Conditions<\/p>
The General Terms and Conditions based on the GTC of the UBIT section of the Austrian Chamber of Commerce apply in their current version.<\/p>
WKO Austrian Chamber of Commerce<\/p>
UBIT - Association for Management Consultancy, Accounting and Information Technology<\/p>
Wiedner Hauptstra\u00dfe 63, A-1045 Vienna<\/p>
Email: ubit@wko.at<\/a> | Website: http:\/\/www.ubit.at<\/a><\/p> \u00a0<\/p> \u00a0<\/p> 1.1\tAll legal transactions between the Principal and the Agent (Management Consultant) hereinafter referred to as Agent shall be exclusively subject to these General Terms and Conditions. The version valid at the time the Contract is executed shall be applicable.<\/p> 1.2\tThese General Terms and Conditions shall also apply to any future contractual relationships even if these General Terms and Conditions are not expressly referred to in collateral contracts.<\/p> 1.3\tAny conflicting General Terms and Conditions on the part of the Principal shall be invalid unless they have been explicitly accepted in writing by the Agent.<\/p> 1.4\tIf any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts executed pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.<\/p> \u00a0<\/p> \u00a0<\/p> 2.1\tThe scope of each particular consulting assignment shall be individually agreed by contract.<\/p> 2.2\tThe Agent shall be entitled to subcontract, in whole or in part, the services for which the Agent is responsible to third parties. Payment of said third parties shall be effected exclusively by the Agent. No contractual relationship of any kind shall exist between the Principal and said third party.<\/p> 2.3\tDuring the validity of this Contract and for a period of three years after termination thereof, the Principal shall agree not to enter into any kind of business transactions with persons or organizations the Agent employs to perform the Agent\u2019s contractual duties. In particular, the Principal shall not employ said persons or organizations to render consulting services the same or similar to those offered by the Agent.<\/p> \u00a0<\/p> \u00a0<\/p> 3.1\tThe Principal shall ensure that during the performance of the consulting assignment, organizational conditions in the Principal\u2019s place of business allow the consulting process to proceed in a timely and undisturbed manner.<\/p> 3.2\tThe Principal shall also inform the Agent in detail about previously conducted and\/or currently active consulting projects, including those in other areas of competency.<\/p> 3.3\tThe Principal shall, in a timely manner and without special request on the part of the Agent, provide the Agent with all documents necessary to fulfil and perform the consulting assignment and shall inform the Agent of all activities and conditions pertinent to the performance of the consulting assignment. This includes all documents, activities and conditions that become known or available during the performance of the consulting assignment.<\/p> 3.4\tThe Principal shall ensure that all employees as well as any employee representation (works council) provided by law, if established, are informed of the Agent\u2019s consulting activities prior to the commencement of the assignment.<\/p> \u00a0<\/p> \u00a0<\/p> 4.1\tThe Contracting Parties shall be committed to mutual loyalty.<\/p> 4.2\tThe Contracting Parties shall be obligated to take all necessary measures to ensure that the independence of all persons working for the Agent and\/or of any third parties employed by the Agent is not jeopardized. This applies particularly to any employment offers made by the Principal or the acceptance of assignments on their own account.<\/p> \u00a0<\/p> \u00a0<\/p> 5.1\tThe Agent shall be obligated to report to the Principal on the progress of services performed by persons working for the Agent and\/or any third parties employed by the Agent.<\/p> 5.2\tThe Agent shall deliver the final report in a timely manner, i.e. depending on the type of assignment, two to four weeks after completion of the assignment.<\/p> 5.3\tThe Agent shall not be bound by directives while performing the agreed service and shall be free to act at the Agent\u2019s discretion and under the Agent\u2019s own responsibility. The Agent shall not be required to work in a particular place or to keep particular working hours.<\/p> \u00a0<\/p> \u00a0<\/p> 6.1\tThe Agent shall retain all copyrights to any work done by the Agent and\/or by persons working for the Agent and\/or by third parties employed by the Agent (including but not limited to tenders, reports, analyses, expert opinions, organization charts, programs, performance descriptions, drafts, calculations, drawings, data media, etc.). During the contract period and after termination thereof, the Principal may use these materials exclusively for the purposes described under the Contract. Therefore, the Principal shall not be entitled to copy or distribute these materials without the explicit consent of the Agent. Under no circumstances, shall the Agent be liable to third parties, in particular for the accuracy of the material, in the event of unauthorized copying\/distribution of the material.<\/p> 6.2\tIn the event of any violation of these provisions by the Principal, the Agent shall be entitled to immediate termination of the contract relationship and to assert any other statutory claims, in particular claims for omission and\/or damages.<\/p> \u00a0<\/p> \u00a0<\/p> 7.1\tThe Agent shall be entitled and obligated, regardless of fault, to correct any errors and\/or inaccuracies in the Agent\u2019s work which have become known subsequently. The Agent will immediately inform the Principal thereof.<\/p> 7.2\tThis right of the Principal expires six months after completion of the respective service.<\/p> \u00a0<\/p> \u00a0<\/p> 8.1\tWith the exception of personal injuries, the Agent shall be liable to the Principal for damages only to the extent that these are the result of serious fault (intention or gross negligence). Correspondingly, this also applies to damages resulting from third parties employed by the Agent.<\/p> 8.2\tAny claim for damages on the part of the Principal may only be enforced by law within six months after they have gained knowledge of the damage and the liable party, but no later than three years after the incident upon which the claim is based.<\/p> 8.3\tThe Principal shall furnish evidence of the Agent\u2019s fault.<\/p> 8.4\tIf the Agent performs the required services with the help of third parties, any warranty claims and claims for damages which arise against the third party shall be passed on to the Principal. In this case, the Principal shall primarily refer to the third party.<\/p> \u00a0<\/p> \u00a0<\/p> 9.1. The Agent shall be obligated to maintain complete confidentiality concerning all business matters made known to the Agent in the course of services performed, especially trade and company secrets and any other information concerning type and\/or scope of business and\/or practical activities of the Principal.<\/p> 9.2\tFurthermore, the Agent shall be obligated to maintain complete confidentiality towards third parties concerning the content of the work completed, as well as any information and conditions that contributed to the completion of the work, particularly concerning data on the Principal\u2019s clients.<\/p> 9.3\tThe Agent shall not be obligated to maintain confidentiality towards any person working for the Agent or representatives of the Agent. However, the Agent is required to obligate such persons to maintain complete confidentiality and shall be liable for any violation of confidentiality on their part in the same way as if the Agent had breached confidentiality.<\/p> 9.4\tThe obligation to maintain confidentiality shall persist indefinitely even after termination of this Contract. This shall not apply in case the Agent is legally required to disclose information.<\/p> 9.5\tThe Agent shall be entitled to use any personal data entrusted to the Agent for the purposes of the services performed. The Agent shall guarantee the Principal that all necessary measures will be taken, especially those regarding the Austrian Data Protection Act (DSG), e.g. that declarations of consent are obtained from the persons involved.<\/p> \u00a0<\/p> \u00a0<\/p> 10.1\tAfter completion of the services agreed upon, the Agent shall receive remuneration agreed upon in advance between the Agent and the Principal. The Agent shall be entitled to render intermediate accounts and to demand payment on account as required by the progress of the work. Remuneration shall be due and payable immediately after rendering accounts by the Agent.<\/p> 10.2\tThe Agent shall render accounts which entitle to deduct input tax and contain all elements required by law.<\/p> 10.3\tAny cash expenditures, expenses, travel expenses, etc. shall be reimbursed to the Agent by the Principal separately, upon submission of the appropriate receipts.<\/p> 10.4\tIn the event that the work agreed upon is not completed due to reasons on the part of the Principal, or due to a premature termination of contract by the Agent for cause, the Agent shall be entitled to claim payment in full of the remuneration agreed upon in advance, less expenses not incurred. In the event that an hourly fee had been agreed upon, the Principal shall pay for the number of hours expected to be required for the entire contracted assignment, less expenses not incurred. Expenses not incurred shall be calculated as a lump sum consisting of 30% of the fee required for those services that the Agent did not perform by the date of termination of the agreement.<\/p> 10.5\tIn the event that intermediate invoices are not paid, the Agent shall be released from the Agent\u2019s commitment to provide further services. This shall be without prejudice to any further claims resulting from default of payment.<\/p> \u00a0<\/p> \u00a0<\/p> 11.1\tThe Agent shall be entitled to transmit invoices electronically. The Principal explicitly agrees to accept invoices transmitted electronically by the Agent.\u00a0<\/strong><\/p> \u00a0<\/p> \u00a0<\/p> 12.1\tThis Contract shall terminate upon the completion of the project and the corresponding invoice.<\/p> 12.2\tApart from this, this Contract may be terminated for good cause by either Party at any time without notice. Grounds for premature termination include the following:<\/p> \u00a0<\/p> \u00a0<\/p> 13.1\tThe contracting parties declare that all information contained herein is accurate and made in good conscience; and they shall be mutually obligated to immediately inform the other party of any changes.<\/p> 13.2\tModifications of and amendments to this Contract or these General Terms and Conditions shall be made in writing; this shall also apply to a waiver of this requirement. Subsidiary agreements have not been executed.<\/p> 13.3\tThis Contract is governed by the substantive law of the Republic of Austria, excluding the conflict-of-law rules of international private law and CISG. Place of fulfilment is the registered place of business of the Agent. The court at the Agent\u2019s registered place of business shall be competent in any disputes.<\/p> (1) In the event of disputes arising from this contract that cannot be settled amicably, the contracting parties agree by mutual consent to consult registered mediators (ZivMediatG) specializing in business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached on the selection of the mediators or on the content of the mediation, legal action shall be initiated at the earliest one month after the failure of the negotiations.<\/p> (2) In the event that mediation could not be held or was discontinued, any litigation initiated shall be subject to Austrian law.<\/p> As agreed, all necessary costs incurred due to previous mediation, particularly for legal advisors consulted, may be claimed in litigation or arbitration as \"pre-trial costs\".<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t ALLGEMEINE GESCH\u00c4FTSBEDINGUNGEN Es gelten die Allgemeinen Gesch\u00e4ftsbedingungen basierend auf denen des Fachverbandes UBIT f\u00fcr Unternehmensberatung und Informationstechnologie in der jeweils g\u00fcltigen Fassung. WKO-Wirtschaftskammer \u00d6sterreich Fachverband Unternehmensberatung, Buchhaltung und Informationstechnologie Wiedner Hauptstra\u00dfe 63, A-1045 Wien E-Mail: ubit@wko.at | Website: http:\/\/www.ubit.at \u00a0 Allgemeine Grundlagen \/ Geltungsbereich \u00a0 1.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 F\u00fcr s\u00e4mtliche Rechtsgesch\u00e4fte zwischen dem\/der Auftraggeber:in und dem\/der Auftragnehmer:in […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"footnotes":""},"class_list":["post-410","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/abridge.cc\/en\/wp-json\/wp\/v2\/pages\/410","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/abridge.cc\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/abridge.cc\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/abridge.cc\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/abridge.cc\/en\/wp-json\/wp\/v2\/comments?post=410"}],"version-history":[{"count":22,"href":"https:\/\/abridge.cc\/en\/wp-json\/wp\/v2\/pages\/410\/revisions"}],"predecessor-version":[{"id":939,"href":"https:\/\/abridge.cc\/en\/wp-json\/wp\/v2\/pages\/410\/revisions\/939"}],"wp:attachment":[{"href":"https:\/\/abridge.cc\/en\/wp-json\/wp\/v2\/media?parent=410"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
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